1960-6537RESOLUTION NO. 6537
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING RESOLUTION NO.
6451 AUTHORIZING THE PURCHASE AND
ACQUISITION OF CERTAIN REAL PROPERTY
FOR MUNICIPAL PURPOSES.
WHEREAS, heretofore, on the 8th day of November, 1960,
the City Council did duly pass and adopt Resolution No. 6451
authorizing the purchase and acquisition of certain real pro-
perty for municipal purposes; and
WHEREAS, it appears that there was an error in the
description contained in said resolution and that it is
necessary to make certain corrections therein and that said
resolution should be amended to read as follows:
WHEREAS, heretofore, to wit, on the 23rd day of
September, 1960 the City Council did duly pass and adopt Reso-
lution No. 6303 authorizing the acquisition by condemnation or
otherwise of the hereinafter described parcels of real property;
and
WHEREAS, Aliso Homes, Inc., a corporation, is the
owner of said parcels of real property; and
WHEREAS, prior to the adoption of said Resolution
No. 6303 authorizing the acquisition of said property by con-
demnation or otherwise, the said Aliso Homes, Inc., a corpora-
tion, had prepared or caused to be prepared a map for the sub-
division and development of said property for single family
residential use and had incurred engineering expense and other
expenses incidental to the development of said property for
such uses; and
WHEREAS, the City Council does find and determine that
the taking and acquisition of said property by the City of
Anaheim for public use will result in loss and severance damage
to the remainder of the property owned by said Aliso Homes, Inc.,
a corporation, and proposed to be developed jointly with the
property hereinafter described for subdivision purposes; and
WHEREAS, the said Aliso Homes, Inc. has offered to
sell said property to the City of Anaheim for its actual cost
per acre plus the actual expenses incurred in the preparation
and the filing of a tentative subdivision map and cost of
engineering and labor in processing said property for sub-
division purposes; and
WHEREAS, the City Council does find and determine
that public convenience and necessity require the purchase and
acquisition of said parcels of real property for municipal pur-
poses and that the price which the owner thereof is willing to
accept for said parcels of real property is fair and reasonable;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the offer of Aliso Homes, Inc., a cor-
poration, to sell to the City of Anaheim those certain parcels
of real property situated in the City of Anaheim, County of
Orange, State of California, particularly described as follows,
to wit:
PARCEL 1:
That portion of Lot 9 of the Kellogg Homestead Tract,
in the City of Anaheim, County of Orange, State of
California, as per map recorded in Book 8, Page 51, of
Miscellaneous Maps, in the office of the County Recorder
of said Orange County, lying easterly of the following
described line:
Beginning at the southeasterly corner of Lot 8 of said
Kellogg Homestead Tract; thence due south along the west
line of the land described in the deed to Mary E. Clark
recorded May 5, 1920, in Book 367, Page 4, of Deeds,
Records of said Orange County, to the south line of
said Lot 9.
The above paragraph more particularly described as follows:
Beginning at the southeasterly corner of said Lot 8; thence
along the southerly prolongation of the easterly line of
said Lot 8 south 0 23' 36 east 520.98 feet to a point in
the southerly line of said Lot 9 of the Kellogg Homestead
Tract distant easterly along said southerly line north
89 14' 47" east 445.98 feet from a concrete monument with
a 1 -inch iron pipe in the center, said concrete monument
being the southwest corner of said Lot 9; thence easterly
along the said southerly line of Lot 9, north 89 14' 47'
east 890.61 feet to a point on the east line of said Lot 9,
said point also being on the centerline of Kellogg Road
(now Nutwood Street) of said Kellogg Homestead Tract;
thence north 0 08' 31" west 521.00 feet along the said
east line of Lot 9 to the southeasterly corner of Lot 6
of said Kellogg Homestead Tract; thence south 89 14' 47"
west 892.89 feet along the southerly lines of Lot 6 and
Lot 7 of the said Kellogg Homestead Tract to the point
of beginning.
Containing an area of 10.665 acres.
PARCEL 2:
The North half of the Southeast quarter of the Northwest
quarter of Section 20, Township 4 South, Range 10 West,
in the Rancho Los Coyotes, City of Anaheim, County of
Orange, State of California, as said section is shown
on a map recorded in Book 51, Page 10 of Miscellaneous
Maps in the office of the County Recorder of said County,
being more particularly described as follows:
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Beginning at an iron pipe tagged L. S. 2783 and accepted
as the southwest corner of said north half of southeast
quarter; thence north 0 17' 22" west 666.78 feet, more
or less, to the northwest corner of said north half, said
northwest corner also being a point in the southerly line
of Lot 9 of the Kellogg Homestead Tract, as per map
recorded in Book 8, Page 51, of Miscellaneous Maps, in
the office of the County Recorder of said Orange County, easterly along said southerly line north 89 14' 47"
east 1.51 feet from a concrete monument with a one -inch
iron pipe in the center, said monument being the southwest
corner of said Lot 9; thence north 89 14' 47" east 1335.08
feet more or less to the northeast corner of said north
half, said northeast corner also being the southeast corner
of said Lot 9 of the Kellogg Homestead Tract; thence south
0 08' 31" east 668.44 feet more or less to the southeast
corner of said north half; thence south 89 19' 02" west
1333.34 feet more or less to the point of beginning.
EXCEPTING THEREFROM all that portion lying southerly of
the following described line:
Beginning at a point in the westerly line of said north
half distant northerly along said westerly line north
0 17' 22" west 391.01 feet from the southwest corner
thereof; thence north 89 19' 2" East 73.55 feet to the
beginning of a tangent curve concave northerly and having
a radius of 500 feet; thence easterly along said curve
through a central angle of 6 4' 00" an arc length of
52.94 feet to a point of reverse curvature with a curve
concave southerly and having a radius of 500 feet; thence
easterly along said curve through a central angle of
6 4' 00" an arc length of52.94 feet; thence tangent to
said curve north 89 19 2 east 732.17 feet to the
beginning of a tangent curve concave northerly and having
a radius of 300 feet; thence easterly along said curve
through a central angle of 12 14' 00" an arc Length of
64.05 feet; thence tangent to said curve 77 5' 2 east
162.19 feet to the beginning of a tangent curve concave
southerly and having a radius of 300 feet; thence easterly
along said curve through a central angle of 12 14' 00" an
arc length of 64.05 feet; thence tangent to said curve
north 89 19' 02" east 137.80 feet to a point in the
easterly line of said north half distant northerly along
said easterly line north 0 8' 31" west 444.61 feet from
the southeasterly corner thereof.
CONTAINING 8.010 acres.
for the amounts and upon the terms and conditions hereinafter
set forth be, and the same is, hereby accepted.
AND BE IT FURTHER RESOLVED that the offer of Aliso
Homes, Inc. to sell Parcel 1 for the sum of $15,000.00 per
acre, or a total of $159,975.00, plus $17,770.00 severance
damages is hereby accepted subject to the following conditions:
1. Second installment of General and Special County
and City taxes for the fiscal year 1960 -1961;
first installment to be prorated to the close
of escrow.
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2. An easement for road purposes over the portion
of said property included in Nutwood Street,
formerly Kellogg Road as shown on a map of
said Kellogg Homestead Tract.
3. The effect of the terms and conditions of that
certain agreement dated January 17, 1934 between
Leonard Evans and Elizabeth Evans, his wife, et
al, relating to the furnishing of water from a
pumping plant located on other lands, easements
for pipelines and incidental purposes used in
connection therewith, recorded February 16, 1934,
in Book 656, Page 355, Official Records.
4. The effect of the terms and conditions of that
certain agreement dated March 6, 1934 between
Charles Cornelius Stehly, et al, relating to the
furnishing of water from a pumping plant located
on other property to the south and easements for
pipelines and incidental purposes used in connec-
tion therewith, recorded March 30, 1934, in Book
660, Page 471, Official Records.
AND BE IT FURTHER RESOLVED that the offer of Aliso
Homes, Inc. to sell Parcel 2 to the City of Anaheim for the sum
of $15,000.00 per acre plus its actual costs and expenses in the
preparation of tentative maps and engineering costs for the use
of said property for subdivision purposes as severance damages
amounting to the sum of $5,607.00, and aggregating the sum of
$125,757.00, be, and the same is hereby, accepted subject to
the following conditions:
1. Second installment of General and Special County
and City taxes for the fiscal year 1960 -1961;
first installment to be prorated to the close
of escrow.
2. An easement for road purposes over the east 20
feet of said land as granted to the County of
Orange by deeds recorded in Book 380, Pages
73 and 74 of Deeds, Records of Orange County,
California.
3. The terms and conditions of that certain agree-
ment dated March 6, 1934 between Charles
Cornelius Stehly, et al, relating to the furnish-
ing of water from a pumping plant located on
other property to the south and easements for
pipelines and incidental purposes used in
connection therewith, recorded March 30, 1934
in Book 660, Page 471 of Official Records.
Said purchase price to be paid as follows: 29% thereof at the
close of escrow and the balance to be paid at the option of the
City at any time on or after the 1st day of January, 1961, and
prior to the 30th day of June, 1961, to be evidenced by a written
agreement to be made and entered into by and between said Aliso
Homes, Inc., a corporation, and the City of Anaheim, a municipal
corporation, upon the terms and conditions herein specified.
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AND BE IT FURTHER RESOLVED that the City Manager
and /or the City Attorney be, and they, or either of them, is
hereby authorized for and on behalf of the City of Anaheim to
sign escrow instructions for the purchase of said real property
at Title Insurance and Trust Company, 800 N. Main Street, Santa
Ana, California.
AND BE IT FURTHER RESOLVED that the City Auditor be,
and he is hereby authorized to deposit in escrow at Title
Insurance and Trust Company, 800 N. Main Street, Santa Ana,
California, the sum of S218,195.50 cash, lawful money of the
United States, to be paid to the owner of said real property
when a deed conveying Parcel 1 first hereinabove described to
the City of Anaheim free and clear of all encumbrances except
as hereinabove set forth can be recorded and a policy of title
insurance issued by Title Insurance and Trust Company, 800 N.
Main Street, Santa Ana, California, showing said property
vested in the City of Anaheim free and clear of all encumbrances
except as hereinabove specified, and when a written agreement
duly made and executed by Aliso Homes, Inc., a corporation,
and the City of Anaheim for the purchase of Parcel 2 hereinabove
set forth has been delivered to the City of Anaheim wherein and
whereby said Aliso Homes, Inc., a corporation, does agree to
sell the land and premises described in Parcel 2 hereinabove
set forth upon the conditions hereinabove specified.
AND BE IT FURTHER RESOLVED that the Seller shall pay
the usual and customary Seller's charges for furnishing the
policy of title insurance necessary to show title vested in
the City of Anaheim as herein provided and the City of Anaheim
shall pay the usual buyer's share in the purchase of said
property.
THE FOREGOING RESOLUTION is approved and signed by
me this 13th day of December, 1960.
ATTEST:
ri
CI Y CL W' OF THE ITY 0 NA IM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 6537 was introduced and adopted at
an adjourned regular meeting provided by law, of the City Council of the
City of Anaheim, held on the 13th day of December, 1960 by the
following vote of the members thereof:
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap-
proved and signed said Resolution No 6537 on the 13th day of December, 1960
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 13th day of December, 1960
(SEAL)
CI LERK OF THE CITY OF ANAHEIM